RAHAT ALI Vs. TAPAN KUMAR SEN

JUDGEMENT

(1.) THIS appeal is at the instance of a claimants and is directed against the order dated 23rd December, 1992 passed by the Motor accident Claims Tribunal, 6th Court, Alipore, District 24-Parganas (South) in m. A. C. Case No. 409 of 1989 thereby allowing an application under Section 110 (A) of the Motor Vehicles Act by giving compensation of Rs. 32,400/- as the total loss sustained by the family of the deceased. The Tribunal below further granted interest at the rate of 15 percent per annum provided there is default in payment of the amount within a specified date.

(2.) BEING dissatisfied, the claimant has come up with the present appeal.

(3.) THERE is no dispute that the appellants before us are the parents and the brothers and sisters of the victim who died of an accident at the age of 19 years. He was in a bus, which was hit by a lorry at the rare portion, and consequently, he died. The father of the victim deposed as PW-1 and asserted that the victimwas a cleaner of the selfsame bus at a daily wages at the rate of rs. 20/- per day. It appears that both the lorry and the bus were insure with the Insurance Company/respondent.